Portland, OR Home Business: Home Daycare (2026)
Key Facts
- Cap for exemption
- Up to 16 children
- State requirement
- ORS 329A registration/certification
- Zoning classification
- Household/Group Living, not Daycare
- City permit needed
- None, if state-registered
Summary
Portland zoning exempts registered or certified family child care homes for up to 16 children from its accessory home occupation rules, treating them as a standard residential use rather than a regulated home business.
D. Family child care homes. Registered or certified family child care homes for up to 16 children, that also meet the State's requirements of ORS 329A, are exempt from the regulations of this chapter.
Full Breakdown
Chapter 33.203 (Accessory Home Occupations) carves family child care out of Portland's home-business permitting entirely: a registered or certified family child care home for up to 16 children that meets Oregon's ORS 329A requirements is exempt from the chapter's Type A/B classification, site standards, and permit process. Title 33's use-category rules go further -- Section 33.920.430.D classifies these same state-registered homes as Household Living or Group Living uses, not as "Daycare" use, so they're allowed by right in residential zones without a Daycare conditional-use review.
Violations & Fines
Care for more than 16 children, or operating without the required Oregon ORS 329A registration or certification, forfeits the zoning exemption. The site then falls under Portland's regulated "Daycare" use category, which in most residential zones requires locating within a qualifying institutional building or going through conditional-use review.
Frequently Asked Questions
Do I need a Portland zoning permit to run a home daycare?
Does a licensed home daycare count as a home occupation?
Sources & Official References
Other rules in Portland
Compare Portland to another location·View the Oregon home business overview
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Home Daycare in Nearby Cities
How other cities in Multnomah County handle home daycare.